Blog Archives

Cost-Benefit Analysis Adopted by the New York Supreme Court for Determining When a Nonparty Must Undertake the Burden and Expense of Recovering Deleted ESI

The production of electronically stored information (“ESI”) that has been deleted is potentially very expensive and time consuming. Often outside computer forensics experts are required to assist with the recovery of the deleted data and the routine business of the party

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Posted in Articles, ESI, nonparty, state, York

Social Media Advisor – Social Networking May Be Bad For Your Health

According to the Associated Press, doctors in Europe are warning that Facebook may trigger an asthma attack in susceptible users.    According to the reports, such an attack was triggered in an 18-year old man after he logged onto Facebook and

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Posted in advisor, asthma, blog, Employment, Facebook, health, York

Social Media Advisor – Staying On Top Of GINA

One of the more difficult things for employers, human resources professionals, and lawyers to do in the employment law field is keep up with all the acronyms.   One of the latest is “GINA”, or the federal Genetic Information Nondiscrimination Act,

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Posted in Act, advisor, blog, Employment, Genetic, GINA, Information, Nondiscrimination, York

Social Media Advisor – Insubordination (Alleged) With A Different Result?

And the cases continue to roll in…. Last week, we blogged about a recent NLRB complaint filed against an employer who fired an employee for criticizing her boss on Facebook.    Since then, on November 8th, an Arbitrator in Washington, D.C.

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Posted in advisor, arbitration, Asia, blog, comments, Employment, insubordination, Radio, termination, Twitter, York

Social Media Advisor – Walking the Tightrope of Insubordination and Concerted Activity

The National Labor Relations Act (“NLRA”) is one of those employment statutes that is rife with misunderstanding in the minds of many employers who believe that the NLRA is only applicable to the unionized workforce.   In fact, while the NLRA

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Posted in Act, advisor, blog, Board, Employment, Facebook, NLRA, Relations, termination, York

Social Media Advisor – That’s Why They Call It A Trend

A “trend” is generally defined as a general course, drift or prevailing tendency.   In the battle between the potential privacy rights of a social networking site user and the desire of a lawsuit party to have full access to the

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Posted in blog, Employment, Facebook, MySpace, York

Social Media Advisor – Background Checks The New-Fashioned Way

In increasing numbers, employers are looking at credit histories to make employment-related decisions.   A recent study by the Society for Human Resource Management found that as many as 60% of its members had consulted credit reports of applicants and current

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Posted in advisor, blog, Employment, FCRA, York

Social Media Advisor – When The Agency Comes Knock-, Knock-, Knockin’ On Heaven’s Door

The government is seeing the benefits of social media too.    Recently, the Department of Homeland Security revealed that United States immigration agents were being trained on how to use social networking sites to detect visa and other immigration fraud.   The

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Posted in advisor, blog, DOL, Employment, government, investigations, IRS, York

Social Media Advisor – Facebook As A Religious Sanctuary For Your Employees

If an employee came to you and said that he can’t comply with your company’s dress code because he belonged to the Church of Body Modification, what would you say?   You may need to rethink that. I don’t watch ABC’s

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Posted in advisor, blog, Body, Church, codes, Employment, Modification, religion, religious, View, York
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